1. In these Terms and Conditions, “we”, “us” and “our” means the company trading as DAIKOKU CORPORATION LIMITED , and “you” means the person placing an order on the website www.daikokunz.com (“website”).

  2. Any request for supply of the products on our website (“Products”) that you place with us and any Products we sell to you are subject to:

    • These Terms and Conditions, which are posted on the website, and which you are deemed to accept by placing an order;

    • Any additional terms and conditions on our website which apply specifically to that Product;

    • Any statutory rights you may have as a consumer, which are modified and limited by these Terms and Conditions only to the extent permitted by law.

  3. These Terms and Conditions:

    • prevail over any inconsistent terms in any other communication or agreement, and cannot be varied unless we agree in writing to that variation.

 

New Zealand Sales Only

 

Ordering

  1. You must only order Products in accordance with the instructions on this website, and pay for the Products in full (without set-off or deduction of any kind) by authorising us to charge a credit card account.

  2. You warrant that you are authorised to use your credit card account by the relevant credit card company.

  3. You may place an order by adding items to your “Cart” on our website and clicking the “Check Out” button (“Order”). By placing an Order, you make an offer to us in to purchase the Products you have selected subject to these Terms and Conditions. Any information contained on our website constitutes only an invitation to treat, and is not an offer by us to supply any Products or any other goods or services.

  4. When you place an Order, we will email you with an Order Number. We will then notify you of changes to your Order status by email. Once an order has been dispatched you will be able to track your order via a tracking link.

  5. While we will endeavour to fulfil an Order, we will not be liable to any person if we decline to fulfil an Order, or we are unable to supply the Products in your Order. No contract for sale and purchase of Products will be formed, or variation or cancellation made, until we confirm acceptance of your order, variation, or cancellation. Some Products may be unavailable from time to time. However, we will advise you if we decline, or are unable to fulfil, your Order.

  6. We may cancel an Order if we believe it is fraudulent, or if an error has occurred including, without limitation, listing with an incorrect price or information.

  7. The price for the Products will be:

    • the price in NZ dollars as quoted on the website at the time of placing your order, and

    • the costs associated with delivering the Products to you.

  8. Unless otherwise stated on the Product listing and in our invoice for the Products, we will bear the cost of goods and services tax payable under the New Zealand Goods and Services Tax Act 1985 (“GST”) and import duty payable (if any) on products you purchase from us.

 

Changes to Price and Products

We may alter the prices of the Products, and the Products available on the website, and any other information on our website, at any time before you place an Order without notice to you.

 

Delivery, title and risk

    1. We will deliver the Products to the premises nominated in your Order at your cost within a reasonable time of accepting your Order. We usually specify up to 7 working days for your order to be dispatched from our warehouse, and we will try and have the Products shipped to you by that date. Time will not be of the essence and we will not be liable to you for late delivery.

    2. We may deliver the Products to you by installments and each delivery will be a separate contract independent from the other deliveries. We may deliver the Products to you in one or more consolidated deliveries and individual charges will remain unaltered.

    3. We will re-deliver, replace or refund the Products (at our option) if we have incorrectly addressed the delivery. We take no such responsibility if you gave an incorrect or insufficient address.

    4. We remain the owner of the Products we supply to you until you have paid in full all amounts that you owe us for all the Products.

    1. The Products are at your risk as soon as they leave our premises for delivery to you.
  1. In the event of a refund being processed against your order, this will be given using the method in which you originally paid for the order. Unless otherwise we come to an agreement of a refund in another form of payment.

  2. If you used a credit voucher to purchase, you will be given a credit voucher for the amount of the refund.

  3. Credit card purchases will be refunded to the credit card used in the original transaction, the value of which will not exceed the original amount paid.

 

Membership

  1. Through our retail store we may offer different levels of membership packages which is in acceptance to use together on our website, in the conditions of following the sign up procedures.

  2. All remaining credit balances on your membership account can be used together with your online account after signing up.

  3. We reserve the right to cancel, terminate, modify or suspend the Membership package at any time (provided that we will issue you with a pro rata refund if we cancel, terminate, or suspend Membership during your membership term).

 

Returns and refunds

  1. Subject to any rights you may have as a consumer under any statute, the following terms apply to the return of Products.

  2. Subject to your statutory rights, including under any applicable consumer law, if you change your mind about the Products, we will not accept a return, exchange or refund request.

  3. Subject to your statutory rights, including under any applicable consumer law, if the Products were damaged, defective or faulty at the time of delivery to you, with reasonable proof, we will do our best to replace the Products, or work out another remedy for you.

  4. If you receive a Product from us that is different to the one you ordered, we will (at our option) replace the incorrect Product with the correct Product, or refund your credit card account with a full refund (excluding credit card fees).

  5. You must pay all costs of returning Products to us, however, if we accept the return of damaged or faulty Products, or where we delivered incorrect Products we will provide you with details on how to go about returning the items to us using our paid courier service. In the event that this service is not used, Daikoku Corporation will not be liable for any costs involved in returning the goods to us.

  6. All Products returned must be in their original condition and packaging, with tags still attached (except for defective or faulty Products) along with any accompanying accessories and documentation. We reserve the right not to accept a return of:

    • any cosmetic and makeup where you have changed your mind about the Products;

    • any clothing or Products of personal hygiene which have been worn, or which are soiled or damaged;

    • any Products from which sewn tags or swing tags have been removed; or

    • any Products which, when examined or tested by us or our agent, are found not to be not damaged, defective or faulty.

  7. We will not issue a refund or Voucher before the Products are received by us. If you have any problems regarding your Order or a refund, you may contact us through the Contact section of the website.

Consumer Rights

  1. Nothing in these Terms and Conditions affect any rights you may have as a “consumer” under any statute.

  2. To the extent that the New Zealand Consumer Guarantees Act applies, you confirm that:

    • if you are acquiring the Products for business purposes the New Zealand Consumer Guarantees Act 1993 will not apply;

    • where you resupply the Products in trade to a person acquiring them for the purposes of a business, then:

      • you must include a term in your contract with that person that the Products are being acquired for the purposes of a business and that the Consumer Guarantees Act 1993 does not apply in respect of those Products;

      • you must not make any representation in relation to the performance, quality or application of the Products without our prior written approval;

      • you indemnify us against any liability or cost incurred by us under the Consumer Guarantees Act 1993 as a result of any breach by you of these Terms and Conditions.

 

Our obligations to you

  1. The material and information contained in the website is supplied to enable you to make your own determination as to a Product’s suitability for your purposes prior to placing an Order. Nothing in the website is to be construed as a recommendation to use any Product.

  2. To the fullest extent permitted by law, we disclaim all warranties, descriptions, representations or conditions in respect of the Products, whether express or implied, including (without limitation) warranties as to merchant ability and fitness for any purpose.

  3. Subject to your statutory rights, including under any applicable consumer law, if, despite the other provisions of these Terms and Conditions, we are found to be liable to you then our liability for any single event or series of related events is limited to the amount you actually paid for the Product which gave rise to your claim.

  4. You confirm that these Terms and Conditions are reasonable having regard to the price payable for the Products and their nature.

  5. We will only sell to you if you are over eighteen (18) years of age. By placing an Order, you confirm you are over 18 years of age. If we suffer any damage or loss because you are not over 18 years of age when you place an Order, we reserve the right to seek compensation for such damage or losses from your parents or guardians.

 

Copyright

You acknowledge that we are the sole owner or licensee of all intellectual property rights in the Products and in the website. We hold copyright in all content and elements of our website. You must not copy, alter or reproduce any Product (or any part of a Product), our content or logo, or the website (or any part of the website), nor permit any person to do so without our prior written consent.

 

Privacy

In completing and submitting an Order, you will be providing us with personal information. Your information and any other personal information that you may provide to us will be held by Daikoku Corporation Limited in accordance with our Privacy Policy, which you can access on our website. If the information is not provided your order may not be processed.

20 July 2020

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